Dinesh Kumar Mohanty & Ors vs State Of Odisha & Ors
2021 Latest Caselaw 12025 Ori

Citation : 2021 Latest Caselaw 12025 Ori
Judgement Date : 23 November, 2021

Orissa High Court

Dinesh Kumar Mohanty & Ors vs State Of Odisha & Ors on 23 November, 2021

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           WPC (OAC) No. 1789 of 2001

             Dinesh Kumar Mohanty & Ors.            ....                              Petitioners
                                                                  Mr. A.K. Mishra, Advocate
                                                     -Versus -
             State of Odisha & Ors.                 ....                            Opp. Parties
                                                                                             .
                                                                                 State Counsel

                     CORAM:
                      DR. JUSTICE B.R. SARANGI
                                         ORDER

23.11.2021

I.A. No. 1302 of 2021 Order No. This matter is taken up through hybrid mode.

2. This is an application filed by the petitioners for recall of order dated 11.02.2013.

3. Considering the grounds taken in the application, the order dated 11.02.2013 is recalled and the writ petition is restored to file.

4. The I.A. is accordingly allowed.

(Dr. B.R. Sarangi) Judge

WPC (OAC) No. 1789 of 2001 Order No. This writ petition is restored to file, in view of the order

passed today (23.11.2021) in I.A. No. 1302 of 2021.

2. Heard Mr. A.K. Mishra, learned counsel for the petitioners and Mr. M.K. Balabantaray, learned Standing Counsel for the State.

3. The petitioners have filed this writ petition seeking to quash the order dated 29.05.2001 and 20.06.2001 at Annexures-6 and 7 respectively, and to issue direction to the opposite parties to extend the financial benefits as due and admissible to them with retrospective effect.

4. Mr. A.K. Mishra, learned counsel for the petitioners contends that the petitioners are working as NMR employees under Upper Kolab Project in the district of Koraput. Though they have been discharging similar duties as skilled labourers and also ministerial jobs, but they have not been paid regular salaries and allowances like their counterparts working under regular establishment. Therefore, they seek directions to the opposite parties to regularize their service taking into account their long service rendered in the organization.

5. Mr. M.K. Balabantaray, learned Standing Counsel for the State contended that since it is an old case of the year 2001, he has no instructions at this moment. In any case, since the petitioners are rendering service, their cases can be taken into consideration in accordance with law.

6. Having heard learned counsel for the parties and after going through the records, this Court finds that the Division Bench of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in a connected matter, i.e., Transferred Application No. 47 of 1993 arising out of OJC No. 1087 of 1991 (Dinesh Kumar Mohanty & Ors. v. State of Orissa & Ors) vide judgment dated 18,08,1993 issued the following directions:-

"i) All the petitioners, looking at the length of service that they have rendered should be brought over to the regular establishment in phase manner as and when vacancy arises.

ii) After they are brought over to the regular establishment and/or appointed on regular manner they shall draw the salary and allowances attached to that post in which they

are appointed. The length of service should be counted by grouping them 15 years, above 10 years and above 5 years. Incumbents those who have spent more number of years should be preferred first to be brought over to the regular establishment.

iii) After they are brought over to the regular establishment, they should be allowed to draw salary & allowances as admissible.

iv) Their services in the present post in the Nominal Muster Roll shall be continued till the regularization."

Following the aforesaid judgment, similar directions were also issued by the tribunal vide judgment dated 18.04.1995 passed in Transferred Application No. 54 of 1993 arising out of OJC No. 1381 of 1992 (Goura Ch. Nayak & Ors. v. State of Orissa & Ors.). The aforesaid judgments were challenged by the State before the apex Court in SLP (C) No. 10362-10363 of 1995, which were dismissed vide order dated 26.03.1999.

7. In view of such position, this writ petition stands disposed of with the direction that the case of the petitioners shall be considered in the light of the directions contained in the judgment dated 18.08.1993 passed by the tribunal in Transferred Application No. 47 of 1993 arising out of OJC No. 1087 of 1991 (Dinesh Kumar Mohanty & Ors. v. State of Orissa & Ors) as expeditiously as possible, preferably within a period of four months from the date of communication of this order.